Fisheries and Habitat of the Tidal Waters

Passed

P
HB182

Royalties for use of state-owned bottomland. Exempts riparian owners of commercial facilities (i) engaged in ship construction or repair, (ii) providing services to the ship cargo industry, and (iii) engaged in the business of selling or servicing watercraft from having to pay any rents or royalties to the Virginia Marine Resources Commission. The owners of such facilities will still have to pay a fee between $25 to $100 for the use of state bottomlands. The Commission is required to charge a royalty for any easement or lease it grants for the right to prospect for oil, gas and other minerals. In addition, $100 will be charged to public service companies, which are placing pipelines or cables on or in state-owned bottomland. Uncollected rents and royalties assessed by the Commission prior to July 1, 2004, are declared void and the agency is prohibited from assessing any rents or royalties, except those collected in the removal of bottom material, until July 1, 2005. This bill is identical to SB 606.Patron - Oder

P
HB489

Wetlands boards. Directs localities that have enacted wetlands zoning ordinances and created wetlands boards to appoint one to three alternate members to the wetlands board. Alternate members may serve at board meetings in place of absent members. Patron - Tata

P
HB1024

Saltwater licenses and permits. Authorizes the Virginia Marine Resources Commission to adjust fees for saltwater fishing licenses and permits. This bill caps the fee increases at $5 or a percentage equal to the increase in the CPI calculated from the time the fee was last set or adjusted, whichever is greater. Any such adjustment in a permit or license fee cannot occur more often than once every three years. The amount generated from increases in the commercial fishing licenses and permits is to be paid into the Marine Fishing Improvement Fund and the increased amounts generated from increases in the recreational fishing licenses are to paid into the Virginia Saltwater Recreational Fishing Development Fund. The bill also authorizes the Commission to establish permit fees for the delayed or limited entry fisheries, as well as for shellfish relaying and scientific collections. Patron - Dillard

P
HB1278

Theft of oysters and clams. Provides that any person who takes naturally occurring oysters or clams from leased planting grounds without the permission of the owner is guilty of larceny. Patron - Suit

P
HB1436

Property conveyance. Authorizes the Virginia Marine Resources Commission to grant an easement and 50-foot right-of-way to Virginia Electric and Power Company in the Elizabeth River for the construction of an additional electrical transmission line cable to provide service to Norfolk and the surrounding area. The easement will cross several Baylor Survey Grounds. Patron - Suit

P
HB1452

Combined fresh water and saltwater fishing licenses. Establishes a special combined fishing license for persons who want to fish in freshwater and saltwater. If a person purchases this license, he will not have to buy a basic state fishing license issued by the Department of Game and Inland Fisheries or the saltwater recreational fishing license issued by the Virginia Marine Resources Commission. The cost of this license is $19.50 for residents and $37.50 for nonresidents. Of the $19.50 fee for the resident combined license, $7 will be paid into the Virginia Saltwater Recreational Fishing Development Fund, $12 will be paid into the Game Protection Fund and 50 cents will be paid to a Virginia Marine Commission sales agent. Of the $37.50 fee for the nonresident combined license, $7 will be deposited in the Virginia Saltwater Recreational Fishing Development Fund, $30 will be deposited into the Game Protection Fund and 50 cents will go to the sales agent. The bill also establishes a trip license that allows persons to fish in all inland and tidal waters for five successive days. [HKB31]This license can be obtained in lieu of having to purchase a basic trip fishing license and a saltwater recreational license at a cost of $10.50 for residents and $15.50 for nonresidents. Five dollars per license sold will be paid into the Virginia Saltwater Recreational Fishing Development Fund, and $5 per resident license sold and $10 per nonresident license sold shall be paid into the Game Protection Fund. The sales agent will receive 50 cents for each license sold. Patron - Oder

P
SB432

Bottomlands permit. Prohibits any person from reapplying for a Virginia Marine Resources' bottomlands permit within a year of the denial of the original permit if it is for the same or substantially similar use of the bottomlands. Patron - Wagner

P
SB605

Leasing of water column. Authorizes the Virginia Marine Resources Commission to lease the water column above certain state-owned bottomlands for aquacultural purposes. In applying for a lease, a person has to identify the size, location and characteristics of the proposed leased area, describe the types aquaculture structures to be deployed, and provide a five-year development plan detailing the activities to take place in the leased area. There is a $100 application fee for a lease of less than one acre and a $250 fee for a lease of between one to 10 acres. The Commission is empowered to determine the amount of the annual rent taking into account the actual time that the water column will be used each year. The rent cannot exceed $50 per acre for the first four years of the lease and $250 for the fifth and subsequent years. Each five-year lease may be renewed for an additional five-year period, if the leased area has been aquaculturally productive. The bill has a delayed effective date of July 1, 2005, and is only effective if state funding is included for this specific purpose in the general appropriation act for the period July 1, 2005, through June 30, 2006. Patron - Bolling

P
SB606

Royalties for use of state-owned bottomland. Exempts riparian owners of commercial facilities (i) engaged in ship construction or repair, (ii) providing services to the ship cargo industry, and (iii) engaged in the business of selling or servicing watercraft from having to pay any rents or royalties to the Virginia Marine Resources Commission. The owners of such facilities will still have to pay a fee between $25 to $100 for the use of state bottomlands. The Commission is required to charge a royalty for any easement or lease it grants for the right to prospect for oil, gas and other minerals. In addition, $100 will be charged to public service companies, which are placing pipelines or cables on or in state-owned bottomland. Uncollected rents and royalties assessed by the Commission prior to July 1, 2004, are declared void and the agency is prohibited from assessing any rents or royalties, except those collected in the removal of bottom material, until July 1, 2005. This bill is identical to HB 182.Patron - Bolling

Failed

F
HB446

F
HB797

Property conveyance. Authorizes the Virginia Marine Resources Commission to convey a permanent easement of approximately 0.9 acres in the Mattaponi River, in King William County, to the City of Newport News for the purpose of constructing a raw water intake structure to provide water supply for the Newport News reservoir project. Patron - Oder

F
SB109

Submerged land permit exemption. Exempts a water supply project that has received a Virginia Water Protection Permit from the State Water Control Board from having to receive a separate permit from Virginia Marine Resources Commission for use of state-owned bottomland. However, the Virginia Water Protection Permit would not be issued until the State Water Control Board has consulted with the Commission and considered any of its written recommendations. The Commission's written recommendations are to include an analysis of all applicable statutory and regulatory responsibilities of the Commission as they relate to the activity for which the Water Protection Permit is being sought. The issuance of the permit by the State Water Control Board would constitute the final state action on the project. Patron - Williams

F
SB420

Property conveyance. Authorizes the Virginia Marine Resources Commission to convey a permanent easement of approximately 0.9 acres in the Mattaponi River, in King William County, to the City of Newport News for the purpose of constructing a raw water intake structure to provide water supply for the Newport News reservoir project.Patron - Wagner